Umakanthan53
Labour Law & Hr Consultant
Bhavaj31
Student

Thread Started by #bhavaj31

Dear All,
I have following queries related to the leave rules, would appreciate if you help me sort these queries.
a) I have recently come across the Mah. shops & est. act of 2017, where it mentioned that "Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year" .
So does it mean for 312 working days (365 days less 48 weekoffs) there are 15.6 days earned leave for a year?
b) Also mentioned in the act is "The leave admissible under this section shall be exclusive of all holidays whether occurring during or either at the end of the period of leave." So any week offs or public holidays in between the leaves availed are exclusive right of leaves? For eg: if employee takes leave on Friday and tuesday ( saturday & sunday is week off and monday is public holiday) will Friday to monday be considered as leaves i.e 5 days or no i.e only 2 days of leave.
c) As per shops & establishment act is it mandatory to pay leave encashment in full and final settlement of an employee? Can the employer deny from paying the eligible leave encashment amount to a resigned employee?
Kindly revert .
18th June 2018 From India, Mumbai
Dear friend,
The nomenclature " Earned Leave " would indicate that it is a leave earned by the employee by his attendance or the number of days he could be considered on duty. Therefore, the accrual of such a leave is subject to certain minimum no. of days of attendance in a year and the rate of accrual is computed as a proportion to a block of attendance. This is the universal concept and general method of calculation of E.L of employees.
The Leave with Wages prescribed u/s 18 (3) of the Maharashtra Shops and Establishments ( Regulation of Employment and Conditions of Service ) Act,2017 is also a similar one in this regard.
(a) The weekly holiday u/s 18(1), the 8 days Casual Leave u/s 18(2) and the 8 festival holidays u/s 18(7) have to be treated as duty though the employee may not be required to work. Thus, in a year of 365 days, subtracting the above 68 days (52+8+8), the actual number of working days comes to 297 days in a year. Therefore, the answer to your first query has to be ascertained by also deeming the situation of no-work in the establishment, leave of absence due to maternity, availment of the authorised E.L by the employee and the involuntary absence of the employee as set down u/s 18 (8) (a),(b),(c) and (d) respectively as the no of days worked by the employee.. Hence, the maximum number of earned leave per year would be [ 365 X 1/20] 18.25 OR 18 days only.
(b) In view of the phraseology of sec.18(9), your presumption seems correct to me.
(c) I would request you to read again the proviso to sec.18(6).
22nd June 2018 From India, Salem
I need a clarification that are these 8 casual leaves in addition to 21 Privelege / Earned leaves or the PL / EL have been abolished.
Kindly clarify.
10th November 2018 From India, Mumbai
Dear sir,
I am working with logistiks pvt ltd company as HR from last 4 months .
which comes under Service Industry,under Maharashtra Shops & Establishment Act.
i want to asked that opening leave are given from 1st January or 1st April ?
Because in last yr opening leaves are give to employees in 1st April .
that why i want conformation whether it is given from january or from april ?
21st November 2018 From India, Pune
Leave Account of an employee gets opened effective from the date of his joining the organization only. Therefore, an employer cannot fix a date according to his administrative convenience. However, lapsable leave i.e., leave like C.L, S.L the availment of which is calendar year basis syncs and coterminates with the particular year.
22nd November 2018 From India, Salem
Is sandwich leave mandatory as per law?
5th May 2019 From India, Mumbai
thttps://paycheck.in/labour-law-india/leave-and-holidays/paid-leave
There's a section called
BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948
No sick leaves - they're part of overall leaves for the year.. as far as I understood.
Please confirm this?
also enforces sandwich leaves.
Plus it says
They provide at least seven holidays for national and other festivals. Republic day, Independence Day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees had given right to decide remaining national and festival holidays.
Similarly minimum seven days casual leave and 14 days sick leave is provided to employees.
5th May 2019 From India, Mumbai
Please check and kindly provide your valuable input
BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948
Type of Leave
Privileged Leave/ Earned Leave
Casual Leave
Sick Leave
Maternity Leave
Quantum per year
21 days on working 240 days in a year
Nil
Nil
Provisions of Maternity Benefits Act, 1961 to apply
Entitlement
5 days after 3 months on completion of 60 days working in that period
Nil
Nil
Accumulation
42 days
Nil
Nil
Computation
Suffixed or prefixed holidays to the leave period shall not be accounted as leave. Holidays or Sundays falling between the period of leave shall be treated as leave
5th May 2019 From India, Mumbai
Waiting for your valuable feedback.
24th May 2019 From India, Mumbai
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